For the purposes of this ordinance, the following shall mean:
Authorized Enforcement Agency. The City of Grand Island, its employees, or third parties designated by the Public Works Director which enforce this ordinance.
Best Management Practices(BMPs). Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. Best Management Practices also include treatment practices, operating procedures, and practices to control site runoff, spillage, leaks, sludge disposal, water disposal, or drainage from raw materials storage.
Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
Common Plan of Development or Sale. A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan which may include, but is not limited to, an announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot.
Construction Activity. Activities subject to National Pollutant Discharge Elimination System Construction Permits. Such activities include, but are not limited to, clearing, grubbing, grading, excavating, demolition and other land disturbing actions.
Construction Site. Any location where construction activity occurs.
Contractor. Any person performing or managing construction work at a construction site, including, but not limited to, any construction manager, general contractor or subcontractor, and any person engaged in any one or more of the following: earthwork, pipework, paving, building, plumbing, mechanical, electrical, landscaping or material supply.
Clearing. Any activity that removes the vegetative surface cover.
Director. The City Engineer or the Public Works Director
Disturbed Area. Area of the land’s surface disturbed by any work or activity upon the property by means including but not limited to grading, excavating, stockpiling soil, fill, or other materials, clearing, vegetation removal, removal or deposit of any rock, soil, or other materials, or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned for agricultural use.
Drainage Plan. A schematic of the proposed area and how it connects to city’s storm sewer system. Include proposed location, grade, direction of flow, elevations, drainage structures and drainage areas.
Earthwork. The disturbance of soil on a site associated with construction activities.
Erosion. The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
Erosion Control. Measures that prevent soil erosion to the maximum extent practicable.
Erosion and Sediment Control Plan. A plan that indicates the specific measures and sequencing to be used for controlling sediment and erosion on a development site during construction activity according to locally approved standards, specification, and guidance.
Final Stabilization. When all soil disturbing activities at the site have been completed, and vegetative cover has been established with a uniform density of at least 70 percent of predisturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this Ordinance, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site is considered final stabilization.
Financial Security. A surety bond, performance bond, maintenance bond, irrevocable letter of credit, or similar guarantees provided to the City of Grand Island to assure that a construction Stormwater Pollution Prevention Plan is carried out in compliance with requirements of this Ordinance.
Geothermal Water Source Heat Pump System. A geothermal system uses the Earth’s thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.
Geothermal System (Closed Loop). A mechanism for heat exchange, which consists of the following basic elements: Underground loops of piping; heat transfer fluid; a heat pump; an air distribution system. An opening is made in the Earth. A series of pipes are installed into the opening and connected to a heat exchange system in the building. The pipes form a “closed loop” and are filled with a heat transfer fluid. The fluid is circulated through the piping from the opening into the heat exchanger and back. The system functions in the same manner as the open loop system except there is no pumping of well or surface water.
Geothermal System (Open Loop). Water is pumped from a well or surface water into a heat exchanger located in a surface building. The water drawn from the Earth is then pumped back into the aquifer through a different well or in some cases the same well, otherwise known as re-injection. Alternatively, the ground water could be discharged the Earth’s surface or a surface water body, also known as pump & dump. In the heating mode, cooler water is returned to the Earth’s surface or surface water body, while in the cooling mode warmer water is returned to the Earth’s surface or surface water body.
Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illicit Discharge. Any unauthorized direct or indirect non-storm water discharge to the storm drainage system.
Illicit Connections.
A. Any drain or conveyance, whether on the surface or subsurface, which allows any illicit discharge to enter the storm drainage system including, but not limited to, any conveyance which allows any non-storm water discharge including sewage, process wastewater, or wash water to enter the storm drainage system.
B. Any connections to the storm drainage system from indoor drains and sinks regardless of whether said drain or connection has been previously allowed, permitted, or approved by an authorized enforcement agency.
C. Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
D. An Illicit Connection does not include connections that are allowed under section 40-8 of this code.
Industrial Activity. Activities subject to National Pollutant Discharge Elimination System Industrial Permits.
Low Impact Development (LID) means de-centralized management of precipitation that would otherwise be stormwater runoff, utilizing design techniques that infiltrate, filter, store, evaporate, or temporarily detain stormwater.
Municipal Separate Storm Sewer System (MS4). Publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage ditches/channels, reservoirs, and other drainage structures.
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit means a permit issued by Environmental Protection Agency (or by the State of Nebraska under authority delegated to it) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
NDEQ. Nebraska Department of Environmental Quality.
N.O.I (Notice of Intent) is a formal announcement of intent to disturb the earth surface and is used to request a City, State, or Federal permit to discharge stormwater for a variety of activities primarily for construction and development.
N.O.T. (Notice of Termination) is a formal announcement that all construction and ground disturbance activities are no longer authorized to discharge stormwater associated with any City, State, or Federal permitted activity under the NPDES program.
Outfall. The point of discharge to any watercourse from a public or private stormwater drainage system.
Non-Storm Water Discharge. Any discharge to the storm drainage system that is not composed entirely of storm water.
Operator. The individual who has day-to-day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties. It is anticipated that at different phases of a construction project, different types of parties will satisfy the definition of ‘operator’ and the pertinent portions of any applicable permit authorization from the State of Nebraska will be transferred as the roles change.
Owner. The person who owns a facility, development, part of a facility, or land.
Permittee. The applicant in whose name a valid permit is issued.
Person. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law.
Phasing. Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.
Pollutant. Anything which causes or contributes to pollution. Pollutants include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes; yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
Post-Construction. The general time period referenced in perpetuity from the approval for final acceptance of the construction phase of any construction activity.
Post-Construction Stormwater Management. The management of stormwater for a period of time in perpetuity from approval for final acceptance of the construction phase of any construction activity. The management of stormwater includes the use of STFs that meet minimum site performance standards in accordance with a community’s MS4 permit. STFs are intended to provide stormwater treatment during this time period and are considered functional after vegetation has been established.
Post-Construction Stormwater Management Plan (PCSWMP). Documentation supporting analysis, design, maintenance and inspection of STFs installed on a site in order to meet minimum site performance standards in accordance with a community’s MS4 permit.
Receiving Water is any water of the State of Nebraska, including any and all surface waters that are contained in or flow in or through the State of Nebraska. These include all watercourses, even if they are usually dry, irrigation ditches that receive municipal stormwater, and storm sewer systems owned by other entities.
Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Redevelopment. Any land-disturbing activity that results in the creation, addition or replacement of at least five thousand (5,000) square feet of impervious surface area on an already developed site. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition:
A. The expansion of a building footprint;
B. Addition or replacement of a structure;
C. Replacement of impervious surface that that is not part of a routine maintenance activity;
D. Land disturbing activities related to structural or impervious surfaces.
Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety.
Sediment. Soil (or mud) that has been disturbed or eroded and transported naturally by water, wind or gravity, or mechanically by any person.
Sediment control. Measures that prevent eroded sediment from leaving the site.
Site. The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
Site plan. A plan or set of plans showing the details of any land disturbance activity of a site including but not limited to the construction of structures, open and enclosed drainage facilities, stormwater management facilities, parking lots, driveways, curbs, pavements, sidewalks, bike paths, recreational facilities, ground covers, plantings and landscaping.
Spill. A release of solid or liquid material, which may cause pollution of the Municipal Separate Storm Sewer System or waters of the State.
Stabilization. The use of practices that prevent exposed soil from eroding.
Storm Drainage System. Publicly-owned facilities by which stormwater is collected and/or conveyed, including, but not limited to; any roads with drainage systems; municipal streets; gutters; curbs; inlets; piped storm drains; pumping facilities; retention and detention basins; natural and human-made or altered drainage channels; reservoirs; and other drainage structures. The storm drainage system in Grand Island is a municipal separate storm sewer system as defined by applicable federal regulations.
Storm Water. Any water that occurs in surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
Stormwater Pollution Prevention Plan. A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
Stormwater Treatment Facilities (STFs). Permanent best management practices put in place to provide control and treatment of stormwater runoff after construction activity for land development is complete. These facilities are physical in nature and sometimes referred to as “structural” BMPs and can include Low Impact Development Techniques.
Subdivision Development includes activities associated with the platting of any parcel of land into two or more lots and all construction activity taking place thereon.
Utility Agency/Contractor. Private utility companies, public utility departments, or other utility providers, contractors working for such private utility companies, or public entity utility departments, or other utility providers engaged in the construction or maintenance of utility lines and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television and communication services.
Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from any premises or facility. Wastewater includes sewage that is treated at the City’s Waste Water Treatment Plant.
Waters of the State. Any and all surface and subsurface waters that are contained in or flow in or through the State of Nebraska. The definition includes all watercourses, even if they are usually dry.